í---4^T^.'-^'Í^- '' ' ■- / ír-K'ítiiii á;:. ' , s-« j mm HE , 2.771 fi- PV M 8 Nj? 1.' i^,'^--'' ', ■ , Ss}' V* 7. ^:jrh ^■^C. Ä -, (o - W t'ÍR-TAU OF RAILWAY tCîOMS.FljC; V'.'AiiF. it JCï'i C;Y. D, I EECONNOISSANCE MADE FOR THE 0 AÜBÜRN, PÎ, CLINTON k ALL 1 RAIL ROAD, BY ELLWOOD MOERIS, CIVIL ENGINEER, JULY, 1855. 1 MS' POTTS\aLLE : BENJ. BANNAN, PRINTER. 1855. EECONNOISSANCE MADE FOR.THE AUBURN, PORT CLINTON AND ALLENTOWN R. R. To the President and Directors of the Auburn and Port Clinton, and Port Clinton and Allentoion Rail Road Cos. Gentlemen :—the request of some members of your bodies, I bave made a general reconnoissance of the coun¬ try between Auburn in Schuylkill County, and Allentown in Lehigh County, Pennsylvania, to examine the facili¬ ties that country offers, for the construction and main¬ tenance of a line of railway, connecting the Dauphin and Susquehanna Rail Road from Auburn, with the Lehigh Valley Railroad at Allentown, thirty-eight miles distant, and forming the only unfinished link in a great chain of Rail Roads, uniting the City of New York with the commercial emporia of the west by a connected route, 60 nearly upon an air line to the head waters of the Ohio, at the City of Pittsburg, that future works can never supersede it. Reconnoissance of the Ground. This general examination, after reaching the Schuylkill Gap in the Blue Mountain, (a fixed point in the route,) comprised a scope of country about twelve miles wide, 4 extending from New Tripoli, (Lynn Township, Lehigh County,) on the North, to Mcrtztown, (Longswamp Town¬ ship, Berks County,) in the Valley of the Little Lehigh, upon the south—and from Hamburg, on the west, to the Lehigh Valley Railroad at Allentown on the east. This belt of ground contains within its limits every practicable line suitable for the railway in question, and was traversed by the writer in every direction that pro¬ mised any favorable result, though the time at his dispo¬ sal did not admit of giving to this reconnoissance the tech¬ nical character requisite to guide the instrumental surveys which Avill be required prior to a definitive location of the work ; nor was any such detail necessary for the general objects of this report. The project of a Railroad from the Schuylkill Gap in the Blue Mountain, or from the adjacent town of Ham¬ burg, to the great southern salient angle made by the Lehigh River at Allentown, and thence by way of Easton to the City of New York, is not of recent date, and seve¬ ral examinations by professional men—one of them so much as eighteen years ago—preceded that confided to the writer. In 1837, the late Samuel B. Fisher, Esq., an eminent engineer and surveyor, of the Schuylkill Coal Region, made a preliminary survey for a Rail Road from Ham¬ burg to Allentown, and executed the work entrusted to him with a skill and judgment which will probably be verified in the completion of this enterprise, by the sub¬ stantial adoption of his route. In the summer of 1853, Richard B. Osborne, Esq., Civil Engineer, then engaged in the construction of the Dauphin and Susquehanna Railroad, at the request of Thomas Chambers, Esq., its President, executed a hasty barometrical reconnoissance of the ground between Port Clinton and Allentown, pursuing the vicinity of the State 5 road, which is very direct in its course from Hamburg to AUentown, though occupying for the most part ground impracticable for a railway. Mr. Osborne's hasty line, attempting to penetrate the slate hills, involved very heavy earthworks and grades not admissible in this enterprise. It is to be regretted that more time was not at the disposal of this able engi¬ neer, as further examinations would undoubtedly have induced him to fall back upon the southern line hereafter described, and thus to strengthen our convictions with the influence of his name. Finally, in the autumn of 1853, Dr. Jesse Samuels, Civil Engineer, of AUentown, Pennsylvania, conducted a Rail Road survey from that place to Port Clinton, pas¬ sing north of Hamburg, and pursuing generally the route of Mr. Fisher, with such modifications in grade and direc¬ tion as the extended views now taken of this enterprise appeared to demand. Having been favored with the company of this gentle¬ man for .several days while examining the country and the route selected by him, the writer is able to bear a willing testimony to the judgment with which that route was traced. These preliminary examinations made by others, at different periods, have materially abbreviated the labors that would otherwise have been imposed by this recon- noissance; and two of them, having been actual instrumen¬ tal examinations, conducted by competent men, they have correctly established the grades, the summits, the align¬ ment and the distances necessary to develop, in a general way, the physical peculiarities of the country embraced within their scope. Leaving the Dauphin and Susquehanna Rail Road at or near Auburn, our Railway may either bo conducted into the valley of the Little Schuylkill at a point about 6 two and a half miles above Port Clinton, and thence descend that stream, without loss of distance ; or it may pursue the valley of the main Schuylkill itself to the same point, either directly or by way of the valley of Stony Creek, Within this distance of five miles from Auburn to Port Clinton there is therefore a choice of two principal routes, both admitting of several modifications, but either of which will necessarily be heavy in construction—that by the Little Schuylkill from natural diificulties, and that by the main Schuylkill from the pre-occupancy of the valley on both sides of the river by the Beading Bail Bead and the Schuylkill Navigation. Nevertheless, both the routes referred to are entirely practicable with good alignment and grades, and the decision between them may well be left to the instruments of the engineer. At Port Clinton a connection would be made with the Little Schuylkill Bail Boad, and from this place through the Gap formed by the Main Schuylkill in the Blue Mountain, (a distance of about two miles,) the route will probably pursue the left bank of the river, with a con¬ tinually ascending grade—though an alternative line involving two bridges, presents itself, and will require examination with instruments. Having passed through the Gap in the Blue Mountain, (an unavoidable point in the route,) we find looking east¬ ward some choice of ground, which will require consider¬ able surveying, previous to the final adoption of a final location—nevertheless the peculiar configuration of the country will enable the writer to indicate, with some cer¬ tainty, the line which seems the best suited for the object proposed. There are üvo prominent features of the topography of the country, which absolutely control the passage east¬ ward of a railway line of low grades from the Blue IMoun- 7 tain Gap of the Schuylkill to the great South bend of the Lehigh River, at Allentown : 1st. A protruding spur of the Blue Mountain, but little inferior in height, juts out from the Mountain east of the Gap and forms a promontory, extending about four miles to the southward, which bars the way and prevents us from using the south flank of the Mountain to sustain a rail' way grade, in the direction of Maiden Creek. 2d. All along the southern base of the Blue Mountain, and for eight or ten miles from it to the southward, the geological formation is slate and sandstone interstratified, originally, perhaps, forming an elevated terrace, but now cut by the streams in every direction into irregular hills, generally from two to three hundred feet high, above the leading waters, but occasionally rising much higher, as in the Peaked Ilill and the Pinnacle Mountain. These slate hills present a truly formidable obstacle to the passage of a railway of easy grade, and render any cross country lines entirely impracticable—a rail road route traced amongst them would be rigidly confined to the valleys of the streams, and would have to encounter great local curva¬ ture, one or more summits requiring much higher gra¬ dients and more rise and fall than a line further south. Nevertheless, if this railway looked merely to general results, that might be accomplished by gi'ades of fifty feet or more, per mile ; at least iivo routes, (one of them a short one) would be found feasible through tlie slate hills, by pur¬ suing certain streams—and in this view three general routes appear practicable, and one of them (south of the body of the slate hills) highly favorable, in an engineering sense. All of these three routes from the vicinity of Hamburg to the Lehigh VaUcy Rail Road, at Allentown, should be carefully tested by an instrumental survey. Of the two routes whicli penetrate the bod}^ of the slate hills, only a brief notice will be required before pro- 8 cceding to an examination of the merits of the southera route, which presents much the most favorable features to the reconnoitering engineer. 1. Northern Route.—Leaving the Blue Mountain Gap, above Hamburg, we can gain tho valley of Windsor Fur¬ nace Brook, and follow it to Maiden Creek, (locally called tho Áfíielawnai/) thence up that stream to Lynnville Tal- ley, (locally called the Kiatler-doll) thence by that Val¬ ley to Lynnville, and leaving near that place the waters of Maiden Creek, cut through to Lion Creek, a tributary of the Jordan, and thence by the generally favorable, though winding valley of tho Jordan to Allentown. 2. Middle Route.—From Blue Mountain Gap, pursu¬ ing Windsor Furnace Brook to Maiden Creek, thence by Lenhartsvillo up Lenhart's Ilun (nearly parallel with the State Road) to its sources, then cutting through into Mill Creek, a tributary of the Saucony, and thence by waters of the Little Lehigh and Cedar Creek to Allentown.— This route coincides very nearly with that indicated by Mr. Osborne's reconnoissance. Although both these lines deserve, and should receive an instrumental examination of their merits prior to de¬ riding finally upon the route, neither of them, or any other penetrating the body of the slate hills north of the Saucony, will be likely, in the opinion of the writer, to fulfil the conditions required in the contemplated railway. It nmy here be added that the Middle Route, (No. 2) though the shortest feasible line, was tried with instru¬ ments, and abandoned by Mr. Fisher, at the source of Lenhart's Run, after a survey of about ten miles of its western part; and Sir. Osborne's reconnoissance, while indicating its practicability with very heavy work, showed that grades of fifty-three feet per mile would be required; but as fifty-three feet grades are entirely inadmissible in the.plan now formed for this enterprise; there seems to be 9 strong reason to confirm Mr. Fisher's decision, as to the impracticability of this route/or owr .We come no'W to consider the conditions of grade required by this Rail Road enterprise, and the line of country that admits their, execution. • ■ i This Rail Road, proposed to■ connect The Dauphin and Susquehanna, through the Lehigh "Valley, Avith the Cen¬ tral Rail Road of New Jersey, has, for one of its leading objects, to open à new route for the Anthracite Coal of Pennsylvania, direct to the waters of New York Harbor, The Central Rail Road of New Jersey, constructed with a : similar design, has no grades against the Coal trade exceeding twenty-two feet per mile, ascending;* and the maximum grade , of the Dauphin and Susquehanna Rail Road, opposed to the traffic between the Coal mines and Auburn, was laid out at the same ratio. ' : Tt is evident, then, that upon the Rail Road link con¬ necting these two works, (through the level and descend¬ ing grades of the Lehigh Valley Rail Road,) no. gradient facing west can be admitted to exceed twenty-two feet per mUe ascendinrj, and this requirement will be founds to control, in a great degree, the direction that the location of this line must take. The surveys of Mr. Fisher, and especially those 'more recently executed by Dr, Samuels, indicate clearly, that not only can ' this favorable graduation be easily main¬ tained, but that the southern route admits of our limiting the grades across this country to sizteeiii'^feet per mile ascending easty and thirtg-tivo feet per mile ascending west. ■No route penetrating the slate hills, north of the Valley of the Saucony, ; will admit gradients of the limit noW' announced, and Ave may,'therefore, for the . present pur¬ poses of.this report, dismiss the furtlicr consideration of the Northern and Middle Routes, (Nos. 1 and 2.) * See the Doies tu IblK Ki>port. 2 "i, .'0 y¿r Jiu ÛHtdc . 10 3. Southern Route,—^This route, leaving Port Clinton at an elevation of twenty or thirty feet above the raüi of the Little Schuylkill Rail Road, and connecting with that work by a side line, will pursue the Main Valley of the Schuylkill vrith an ascending grade of sixteen feet per mile, clinging to the side of the Blue Mountain, and pas¬ sing through the Schuylkill Gap, bears to the eastward by the valley of Kern's Run, curves around its head, cuts diagonally through the skte region, availing of the lowest depression of the ridges, though encountering one or two small tunnels and some very heavy earthworks, passes Seller's Tavern, and finally, by Mengel's Run, gains the right bank of Maiden Creek, near Dreibelbis's Tavern, opposite the mouth of the Saucony, at a very favorable place for a high bridge. Passing Maiden Creek, (here called the Antekwny,) by a bridge about four hundred feet long, with a grade level elevated near sixty feet above the water, the line will strike the right bank of the Saucony, and ascend that stream by a grade of sixteen feet per ndle, to a point about one-tMrd of a mile north of Kntztown, Berks County. At Kutztown, the line having turned or avoided the body of the " Sïtâe Mils" is fairly within the Limestone Formation, with an open and gently undulating country before it to the eastward. Here it leaves the Saucony, and runs by a very direct course to Metzgar's Gap, (a small depression in the low ridge dividing the Schnylkill and Lehigh,) passing through this ridge by a moderate cut, and turning Hause's Hill by the south, the line descends by a grade of about twmiiy feet per mile to Spring Creek, a tributary of the Little Lehigh near Trex- lerstown; here an ascending grade of sixteen feet per mUe vrill be commenced, and continued by a very stra^ht 11 course, until the summit of the Chapparel Ridge is sur¬ mounted, at a depression about three-fourths of a mile north of the Reading Road. At this point the line passes on to Cedar Greek, and descending by the side slopes of its valley with a grade of thirty-two feet per mile, (keep¬ ing generally north of the Reading Road,) ultimately crosses the A'alley near the main road, and by a moderate deep cut over the neck, or promontory, between the two streams, reaches the Little Lehigh, south of Allentown, and pursues it to a junction with the Lehigh Valley Rail Road, near the mouth of that stream. The line above described will be alout ihiriy-eigM miles long, from Auburn to the Lehigh Valley Rail Road at Allentown—it will have no gradient ascending east ex¬ ceeding sixteen feet per mile, and none ascending west exceeding thirty-two feet per mile ; nor will its grade at any point rise to a greater elevation than seventy feet above the proposed level at Port Clinton. The air line computed by Dr. Samuels, between Al¬ lentown and Port Clinton, is thirty miles in length— the Rail Road distance is thirty-three miles. Prom Allentown to Auburn the air line is about thirty-four miles, and the Rail Road distance about thirty-eight. The Rail Road distance, therefore, by our southern line, wUl exceed an air line drawn from Allentown to Auburn only ten per cent. No curvatures between Auburn and Hamburg will have less radius than one thousand feet, and none between Hamburg and Allentown need be turned upon a radius less than one thousand four hundred and thirty-two feet. A very important modification of our southern route suggests itself between Allentown and Kutztown that demands a careful instrumental investigation—it is to leave Allentown by the valley of the Little Lehigh, as- 12 cend that vallay to a point near Ludwig's Mill, where a small ßtrcara. draining a long valley (locally called Toad Creek) falls into the Little Lehigh ; thence by the fine valley of Toad Creek and a very direct line passing north of Mertztown we should regain our route near Kutztown. This deviation would place our lino on entirely new ground for eighteen miles on the Allentown side; it would turn the Chapporcl Ridge, and throw that summit entirely ont, while it would enable us to substitute a grade of about twenty feet per mile, ascendhig ivest, in lieu of the thirty-two feet grade required to command the ascent by Cedar Creek, and finally would pass the division of the waters of the Schuylkill and Lehigh at a summit ahmt fifty fed lower. That those are very important advantages cannot be doniod ; but on the other hand, the Little Le¬ high line would encounter much more local curvature, nu¬ merous bridges, and a loss of distance of about turn miles.— A cheaper graduation is also claimed for this route, but the necessity of shortening it as much as possible would be so strong as to require a bold location, which, in the opinion of the writer, would annul the anticipated econo¬ my. It must also be observed that a reduction of grade, ascending west, is comparatively of small importance, as the through trains would have to load for the thirty-two feet grade to be encountered on other parts of the route. Nevertheless, I repeat, this Little Lehigh line demands, and should recave, the most careful investigation before finally deciding upon our location. If on a careful instru¬ mental survey, the Little Lehigh route should be adopted, it will aíFord an unexpected, yet most important Rail Roîid combination. "* About a mile \rest of Emans, (Lehigh County,) a very Low Gap, called Leibert's Gap, cuts the South Mountain to its base, and is the only Gap wMch severs thia moun¬ tain, between the Lehigh and Schuylkill rivers, so as to 13 allow a Rail Road line to pass out of this limestone val¬ ley, into the lower country. A short branch of easy grade, will connect our Little Lehigh line, through i^eibert's Gap, with the proposed extension of the Norristown Raü Road up the valley of the Perkiomen, and throush it will form another route y c from Auburn to Phüadelpliia, via: the PerJciomen and Norristown, as short as the Reading Rail Road, and ivhich can he run in the same time, with "passengers and light freight, between Philadelphia and the Coal region. This new Rail Road route from the Schuylkill Coal re¬ gion to Philadelphia, will not only be able to carry pas¬ sengers, and light freight, upon the same terms as the Reading Rail Road, hut will also hold that great line, in check, in its charges upon Coal. The following is a proximate statement of the heights attained by the grade at the principal summits and val¬ leys encountered by the survey of Dr. Samuels, in cross¬ ing the country between Port Clinton and Allentown, the grade of the Lehigh Valley Rail Road at the latter place being the plane of reference ; Elevatio.vs op Grade. Port Clinton, ICS feet. Shaeffer's Hill, 240 " Maiden Creek, 114 " Kutztown, IGG " Metzgar's Gap, 237 feet, Trexlertown, 150 " Chapparel Ridge, 187 " Lehigh Valley R. R. 0 " The total deflection of all the cmwes between Allentown and Port Clinton consists of 540° turned to the right, and 510° turned to the left, in all 1050° of curvature. That the route above described is an extremely favora¬ ble one, in an engineering sense, will be evident from the preceding statements, though to secure this excellent alignment and profile, it will be necessary on a portion of 14 the distance to encounter a very heavy graduation, to reduce the road-bed to the grades and curves required by the plan of the enterprise. Without an exact location and measurement with in¬ struments, it is not practicable to prepare an accurate estimate of the cost of a Rail Road ; but after carefully viewing the ground, the writer offers the following as the result of a comparison Avith the cost of other similar works, with the opinion, that the figures given wiU indicate the maximum cost. ' Approximate Estimate Of the probable cost of a first class railway from Auburn to Allentown, thirty-eight nfiles, by the southern line, graded for a double track, and with a single track of sixty pound rails, Avith ample sidings, laid thereon. Graduation, masonry, bridging, depots, water stations, &c., 15 miles at $45,000, $675,000 5 « « 35,000, 175,000 18 " " 20,000, 360,000 $1,210,000 Railway track, (38 miles,) and sidings, (7 miles,) in all 45 miles, at $10,000 per mile, including castings, ballasting, &c., 450,000 Real estate, land damages, (an uncertain item,) and partial equipment, say 340,000 Total probable cost of the line, with an equip¬ ment sufficient to commence business, $2,000,000 Position and Connections of the Line. It will be perceived by the annexed map, that this Rail¬ way line from Auburn to Allentown, connecting the Le¬ high Valley Railroad and Central Rail Road of New Jer- 15 Bey, (now in operation east of AUentown,) with the Dau¬ phin and Susq[uehanna, and Pennsylvania Rail Roads, (also now in operation west of Auburn,) wiE form the shortest possible route from the City of New York to Kttsbnrg, wMe ü requires the cmsimctim of mly ihirty- aght miles of nm Eaä Road. In fact, it puraues an air line from New York to Pitts¬ burg, as nearly is practicable, for any line of Rail Road through the intervening country, and its position in this respect removes all anxiety on the subject of competing lines. The surveys made for the Pennsylvania Rail Road demonstrated the fact, that the only direct route towards Pittsburg from the centre of the Slate lay through the valley of the Juniata River; and an air line drawr^upon the State map, from New York to the mouth of the Juni¬ ata, passes nearly through AUentown and through the mouth of the Saucony, where our Southern Route crosses Maiden Creek ; while the râ: lina from New York to Pitts¬ burg traces the general direction of our line, as well as that of the Pennsylvania Railroad, from the Susquehanna to the Ohio River. A reference to the accompanying map will illustrate this more fuUy. Distakcb fkom New York to Pittsburg, m AMmtown auM DmpMn. Central Rail Road of New Jersey—New York to Easton, (in operation,) 75 miles. Lehigh Valloy Rail Road—^Easton to AUen¬ town, (in operation,) IT " Auburn to AUentown, (unfinished,) 38 " Dauphin and Susquehanna Rail Road—^Auburn to Dauphin, (in operation,) 51 " Carried forward, 181 16 lîrougLt forward, ' 181 miles. Bridge over Susf^uehanna Hiver at Dauphin, (unfinished,) 1 " Pennsylvania Raü Road—Dauphin to Pitts¬ burg, (in operation,) 238 " Total, Now York to Pittsburg, via Allentown and Dauphin, 420 " Prom New Y'ork to Pittsburg, via Phikdelpliia, is 445 miles, {or Ucenty-fivc miles further^ with the serious disad¬ vantage of a break of gauge—involving the transhipment of freight—and also a ferry at that City, by the principal route. The gauge of the Central Rail Road of New Jersey, of the Lehigh Valley Rail Road, and all the other links in this route of four hundred and twenty miles from the City of New York to Pittsburg, is uniform throughoutj (four feet eight and a half inches,) so that no transhipment of freight or change of cars wül be necessary between New Y'ork and the head of navigation on the Ohio River ; for this combined line also possesses the gi-eat advantage of a sub¬ stantial Rail Road bridge across the Delaware River at Easton, passable with locomotive trains at aU honra and seasons—exempt from aU the evils which are inseparable from ferries, however weE they may be orpuised and worked. A break of gauge has been regarded by the highest engineering authorities in England as equivalent to aferrg^ and in this country, has been estimated by leading rail road men, as imposing such serious cost and inconvenience « to he equivalent to fifty miles of extra distance. Now, when we find, as,in tliis case of the chief route through Philadelphia, a break of guage and ferry both combined at that City—the great advantage of the route proposed from New York to Pittsburg, via AEentown and Dauphin, i 17 twenty-five miles shorter, and avoidmg all these difficulties, cannot fail to he appreciated hy husinessmen. The following statements wiU exhibit the distances through our proposed route from the City of New York to the three leading marts of the commerce of the West. New Toek to Cincinnati, Miles. via AUentoAvn, Dauphin, Pittslmrg, 1 sstoccnstnut. and SteubenviUe, - - 730 J Philadelphia, Pittsburg, benville, Philadelphia, Baltimore a kersburg, - AUentown, Dauphin, Pittsburg. and Crestline, Philadelphia, Pittsburg, & Crest- Lake Shore, - - - N. Y. Central,) Albany, Buffalo, line, ----- (Erie R. R.,) Dunkirk, Erie, and 812 j 858 } and Lake Shore, 88G New Yoek to St. Louis, inics. AUentown, Dauphin, Pittsburg, } 38 milt»« 1o ron- «tni'-t. and SteubenviUe, 1057 AUentown, Dauphin, Pittsburg, and Crestline, Cleveland, and Indianapolis, (Erie R. B..,) Cleveland, Toledo, and Chicago, - - - (N. Y. Central,) Niagara, Detroit, and Chicago, 18 New York to Chicago, Mßet. vía Allentown, Dauphin, Pittsburg, "I 39 mlU» to eon« Crestline, and Fort Wayne, 885 J (Erie K. II.,) Cleveland & Toledo, 967 i» operation. (N. ¥. Central,) Niagara, & De- ) troit, (over Canada,) - - 981 j From the above it will be perceived, that our combined line, is sJiorier than the present travelled route via New York Central Bail Road to Cincinnati, 166 miles—to St. Louis, 187 miles—to Chicago, 76 miles. And via the New York and Erie Rail Road to Cindnnati, 128 miles—^to St. Louis, 183 miles—to Chicago, 72 miles. Our route, in facl^ forms the shortest practicable Rail¬ way lino from the dty of New York, to all the leading points of the western country^ as will be more clearly seen by a reference to a map of the tTnited States. Pbobabm Büsikess of the Road. The importance of a direct outlet by Railway from the Anthradte Coal regions of Pennsylvania to the waters of New York harbor, has long been acknowledged, and can not be too highly appreciated. So soon as a suitable shipping port for a heavy Coal business shall be established in New York waters, near the terminus of the Central Raü Road of New Jersey, the Auburn and Allentown Railway, and its connecting Bnes, will become to the middle and southern Anthradte Coal fields of Pennsylvania, an outlet of vast consequence. The transportation of Ccml in the valley of the Schuyl¬ kill, may shortly be expected, to fully reach the capadty of the existing cKirriers, and many intelligent persons con¬ nected with the Coal business, are already contemplating a new Coal Rail Road along the Schuylkill, and another sWpping port near Philadelphia. 19 The Auburn and AUentown Rail Road, capable oí taking Coal trains of eighty cars each, or four hundred tons of Coal with a single locomotive, will supply a busi¬ ness want already felt in the Coal region, and which re¬ cent events indicate, may le severely felt, before our new outlet can possibly be constructed, equipped, and furnish¬ ed with a port on New York waters. At Port Clinton, the Railway under consideration will connect with the Little Schuylkill Raü Road, a work already carrying a Coal business of nearly 500,000 tons per annum—-(in 1854, 444,184 tons)—and by an exten¬ sion of six miles in the vaUey of the Schuylkill, the Mine Hül Rail Road can be brought by a good line, from Schuylkill Haven to Auburn, and this work in 1854, con¬ veyed a Coal tonnage of 1,227,805 tons. These two Raü Roads are controlled by parties entirely independent of the present transporting works in the val¬ ley of the SchuylkiU, and influenced by neither—in the year 1854, they had already a combined tonnage of 1,671,- 989 tons, and by the time the Auburn and AUentown Rail Road can be finished, wUl probably be carrying 2,000,000 tons of Coal per annum. A large portion of this Coal, now seeks its market in the waters of New York, or passes there in its course to farther eastern marts. "With a shorter and speedier' transporting line—if suita¬ ble arrangements for its reception are timely made, there cannot be a doubt, that the direct Rail Road from Schuyl¬ kill Haven and Auburn, to New York harbor, will be able largely and profitably to share this heavy Coal trade, the whole of which is now forced to take the circuitous and expensive route by PhUadelphia. The RaU Road distance from Schuylkill Haven to Elizabethport, at the mouth of Newark Bay, via Auburn, AUentown, and Easton, wUl ho one hundred and twenty- 20 íbiir miles, (only thirty-fivo mDcs ñirthcr tlian Port Rich¬ mond, the great Coal depot of Philadelphia)—and with the moderate investment these lines will have the ad¬ vantage of entering into this trade with the ample expe¬ rience of the present diiy—with improved machinery— and with a strong support from other sources of business —it is the deliberate oijinion of the Avriter, based upon a long familiarity with the Coal trade, that Anthracite Coal taken by this route can be profitably moved from Schuyl¬ kill Haven to the waters of New York harbor, at less than Itoo dollars fcr ton, and delivered hi the hold of a vessel there within three hoiu-s of the time that the Reading Rail Road could place it iu a vessel floating in the Dela¬ ware, and at no higher charge, no matter to what figure they may see proper to reduce. As the tonnage of Coal that can be commanded by the Auburn and Allentown Rail Road, will be limited only by the arrangements made for its reception, this business Avould of itself justify the immediate construction of the line, and when completed it can command its share of this great trade, in despite of all opposition from the present car¬ riers, should they feel disposed to offer any. In addition hoivever to Coal tonnage, the country be¬ tween Maiden Creek and AUentoivn, or two-thirds of the length of the route, is in the highest possible state of cul¬ tivation, densely populated, and highly productive—^in approaching Allentown, we enter a very rich mineral country, cross mines of manganese, and copperas, and pass near, or over, incredible quantities of iron ore from lohich twelve Anthracite Fwnaces of the largest class, are now supplied. The transportation of iron ore, on the eastern end of the line for an average distance of ten miles, cannot fail to be very heavy, since the demand is ample, and the sup¬ ply is now limited in consequence of the difficulties of 21 transportation, by borso power, over the conuaon roads of the country. Not far removed from the line are fine quarries of roof- ing slate even now extensively worked, and the celebra¬ ted Zinc mines of Lehigh County, are but a small dis¬ tance south. In short, the country traversed by this projected Kail- way, Î8 rich in all the elements of a heavy local lusiness, to an extent very rarely met tviih upon Rail Road lines. Add to aU this—the striking fact that it forms (as has been shown) the only unfinished link, in the shortest and best route, for the Passenger and Merchandise communi¬ cations of the City of New York, with all the western ' country, forming also a new Coal bearing lino to that ciiy, as well as a new passenger line to Philadelphia, and it would seem to be impossible to doubt the complete sue- cess of an enterprise, which requires the construction of only thirty-eight mUes of Rail Road, to command so large a business, and occupy a position on which so many inter¬ ests centre. This is in fact, one of those enterprises, lohich wül hear the closest scrutiny—one that has nothing speculative alout it, and the immediate construction of which heing required hp an existing business of great magnitude, ought not to he long' er delayed. The legislation for this Rail Road (as will be seen by reference to the Appendix) is aU complete, and the ac¬ companying map, showing the position and connection of this route, as part of a great Air Lino Railway from New York to the western country, renders any further explan¬ ation unnecessary. Respectfully submitted, ELLWOOD MORRIS, CivU Eftíjineer. Cold Swung, Pa., July 10, 1855. NOTES. In order to ascertain the gradients (going east) or against the Coal tradci on the Central New Jersey Rail Road, the vrriter visited Elizabethtown, and sought an interview with John O. Sterns, Esq., the Superintendent. It appears that upon the old part of that Railway, in cross¬ ing the Flat Promontory, intervening between the Raritan river near Boundhrooh, and the waters of New York, at Eliza¬ bethport, gradients of 44 feet per mile were employed in the original construction. The Company have now a large force at work reducing this objectionable gradient, to 22 feet per mile. Within a few months riiis work will be entirely completed, and it may therefore for all the purposes of this report bo fairly assumed, that the maximum grade of the Central Bail Bead of New Jersey, against the Coal trade, is or soon will be only 22 feet per mile, ascending. Up these grades a first class Locomotive will move 60 to 65 loaded Coal cars (bearing say 300 tons of Coal) as her ordi¬ nary load, at the rale of lO or 12 miles per hour, and can in¬ deed under favorable circumstances, take 75 or 80 loaded Coal cars, at à reduced speed. The position of the shipping port for Coal upon New York waters, will require to be carefully studied, and more than one site has already been named—^but for the purposes of this Re¬ port the petition is not material, if it admits of being reached by a good Rail Road line, and possesses the requisites of a good Coal port—^that it will receive the necessary attention from the parties in interest to make it answer fully its import¬ ant object, can hardly be doubted. In addition to one or more scries of Coal wharves, near the terminus of the Central Rail Road of New Jersey—it is un¬ derstood, that it is in contemplation to establish on some part of the Delaware and Raritan Canal, a Coal port, to he reach¬ ed thVongh the Relvidere Delaware Rail Road—of this port also, the Auburn and Allentown Rail Road will avail—the dif¬ ference of gauge IJ inches, being overcome by increasing cor¬ respondingly, the width, or treads of the wheels of the ma¬ chinery employed iij)Qn the two gauges, (4 ft. and 4 ft. 10 inches) so as to work with facility over both—in this there will not be, in the opinion of the writer, any difficulty of much mo¬ ment. APPENDIX. OHJ^BTEE OF THE yout (Cfíníon anb iirfcnforan îlaif îioab. :^î En Ect To incorporate the Allentown Eail Eoad Company. Section 1. Be it enacted hy the Senate and House of Rep¬ résentatives of the CommoniceallJi of Pennsylvania in General Ässemhly wet, and it is hereby enacted hy the authority of the same. That John F. A. Sanford, William S. Wetmorej Simon Cameron, Francis W. Hughes, John T. Johnston, Thomas Chambers, Jacob Dillinger, Christian Prelz, William Fry, J. D. Stiles, Jesse Samuels, James Gangmere, Hiram Shortz, ,or a majority of them, are hereby appointed Commissioners ;to do and perform the several acts mentioned and required in the act passed the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine, entitled, "An act regulating Rail Road Companies," except so far as the rights and privileges of said act, are supplied by the provisions of this act. , Section 2, That the capital stock of said Company shall be One Million of Dollars, in shares of Fifty Dollars each, and which said capital stock may be increased, if the exigen¬ cies of the Company shall require it by the said Company, to any sum not exceeding Two Millions of Dollars, and any in¬ corporated City or Borough shall have authority to subscribe thereto as fully as any individual, and such subscription and stock subscribed by any such incorporated body shall be rep¬ resented at elections and other acts of said Company by any President, Mayor, Chief Officer thereof, or any Xgent dul/ authorized thereby. Section 3. That us soon us the Commissioners uforesaici shall have certified, under their hands and seals, to the Gov¬ ernor the names of the subscribers, and the number of shares subscribed, and that ten per centum in the capital stock, as provided in said aét, shall have been subscribed, and that Five Dollars has been paid on each share to the said Commission¬ ers, then it shall bo lawful for the Govei nor of this Common¬ wealth, by letters patent, under his hand and the seal of the Commonwealth, to create the subscribers, and such others as may thereafter subscribe to the capital stock of said Com¬ pany, and their assigns, into a body ])olitic and corporate, in deed and in law, by the name, style and title of the "Allen- town Rail Road Company," and the said Company shall en¬ joy all the rights, powers, and privileges and franchises con¬ ferred by said act. Section 4. That the said Company shall have power to construct a Rail Road, with one or more tracks, commencing at a point on the Rail Road of the Lehigh Valley Rail Road Company, at the Borough of Allentown, and extending the same to any point on the Rail Road of the Philadelphia and Reading Rail Road Company, between the City of Reading and Port Clinton, in Schuylkill County, and in the event that Kutztown is not a point upon said road, then, and in that case the said Company shall be required to make a branch road to the said town, whenever a Rail Road shall have been built and constructed from the City of Reading to said Kutztown- Section 5. That if the said Company shall not commence the said road within two years after the passage of this act, and finish the same within seven years thereafter, then this act shall be null and void, except so far as the same may be necessary to wind up the affairs and pay the debts of the said Companv. WM. P. SCHELL, Speaker oj ike House of RejjresentaiireSf THOS. CARSON, Speaker of the Senate, Approved—the nineteenth day of April, one thousand eight hundred and fifty-three. W3l. BIGLER- 3 ' , En Ect Eepealing a portion of an Act incorporating the Allentown Rail Road , Company; relative to the Muncy Creek Plank Road Company; to ■ incorporate the Masonic Hall Association of the District of Rich¬ mond in the County of Philadelphia; to Execntions issued in the City and County of Philadelphia; and appointing Commissioners to review part of a State road laid out frotn Pennsburg, Chester County, to a point on the State road leading from West Chester to Philadel¬ phia. . Section 1. Be it enacted hy the. Senate and House of Rep' reseiitatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same. That so much of the second section of an act entitled "An Act to incorporate the Allentown Rail Road Company," approved April, eighteen hundred and fifty-three, as author¬ izes any incorporate city or borough to subscribe to the stock thereof, be and the same is hereby repealed. W3I. P. SCHELL, Speaker of the House of Representatives. THOS. CARSON, Speaker of the Senate. Approved—the twentieth day of April, A. D. eighteen hun¬ dred and fifty-three. WM. BIGLER. ^ Supplement To an Act entitled "An Act to incorporate the Allentown Rail Road Company," passed the nineteenth day of April, eighteen hundred and fifty-three. Section 1. Be it enacted by the Senate and House of Rep¬ resentatives of the Commonwealth oj Pennsylvania in General Assembly met, and it is hereby enaeted by the authority of the same. That so much of the fourth section of the act, entitled ■"An Act to incorporate the Allentown Rail Road Company," passed the nineteenth day of April, Anno Domini one thou¬ sand eight hundred and fifty-three, which requires the said Rail Road to commence at a point on the Rail Road of the Lehigh Valley Rail Road Company, at the Borough of Allen¬ town, be amended so as to read "at the Borough of Allen- tnwn, or near said Borough south thereof." 4 Section 2. Tliat so much of the Act entitled "An Act relative to Corporations," passed the thirteenth day of March, Anno Domini one thousand eight hundred and forty-seven, and so much of the Act entitled "An Act regulating Rail Road Companies," passed the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine, as requires a majority of the directors, and the President, to be citizens, residents within this Commonwealth, shall not be held to extend to the Allentown Rail Road Com[)any. Section 3. That the said the Allentown Rail Road Com-, pany, shall have power to purchase or lease, or consolidate with the Lehigh Valley Rail Road Company, chartered by an Act approved the twenty-first day of April, one thousand eight hundred and forty-six, and the Auburn and Port Clinton Rail Road Company, chartered by an Act approved March thirtieth, one thousand eight hundred and fifty-four ; the said Company are hereby authorized to connect with the North Pennsylvania Rail Road at any point, and on such terms as may be agreed upon by the Board of Directors of the two Companies, and increase the capital stock from time to time to an amount not exceeding the present capital stock of the three Companies united, and as authorized to be consolidated by this Act, Provided, That before any such purchase, lease or consolidation, the same shall be ratified by the assent of three-fourths in interest, ofithe said Company. And -provided also, That no increase of the capital stock shall be made without the assent of a majority, in interest, of the stock¬ holders of the Company ; Provided, That the consent first be had of the Company or Companies with which the said Allen¬ town Rail Road Company desire to consolidate, or from whom it may desire to purchase or lease. E. B. CHASE, Speaker of the House of Representatives. M. McCASLIN, Speaker of the Senate. Approved—the thirteenth day of April, one thousand eight hundredjand fifty-four. Wai. BIGLER. ^ supplement To an Act entitled "An Act to incorporate the Allentown Eail Boad Company, approved April nineteenth, Anno Domini one thousand ^ eight hundred and fifty-three. Section 1. Be it^enacied hy the Senate and House of Rep¬ resentatives of the Commonwealth of Pennsylvania in General AssemUy met, and it is henhy enacted hy the authority of the same, That the time limited by the fifth section of the. Act entitled "An Act to incorporate the Allentown Rail Road Company, passed and approved April nineteenth, one thou¬ sand eight hundred and fifty-three, be and the same is hereby extended for the further period of two years for commencing the said work and the further period of two years for com¬ pleting the same beyond the time specified in said Act. HENRY K. STRONG, Speaker of the House of Representatives. VVM.M. HEISTER, Speaker of the Senate. Approved—the twenty-seventh day of February, one thou¬ sand eight hundred and fifty-five. JAMES POLLOCK. En Ect Relative to the Lehigh Valley and Allentown Rail Road Companies. Section 1. Re it enacted by the Senate and House of Rep¬ resentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same. That in all cases of damages sustained by or injury done to the owner of any land through or near which the Le¬ high Valley or Allentown Rail Road has been or is about to be constructed, and such owners are] minors, it shall and may be lawful for the guardians of such owners, with the approba¬ tion of the Orphans' Court of the proper County, and the Lehigh Valley and Allentown Rail Road Companies, amicably to adjust the amount of damages to be paid if they can agree ; and upon payment of the amount, it shall be lawful for such guardians to release the said Company from all claims there¬ for and to make the necessary deed of conveyance to said ö Company for the land occupied by such Rail Road and its appurtenances, E. Ii. CHASE, Speaker of the House of llepreseniatives. M. McCASLIN, Speaker of the Senate. Approved—the eighth day of ßlay, one thousand eight hun¬ dred and fifty-four. WiM. BIGLER. OTrlA-IlTEIl OF THE üuöurn aní) ^jout (Cfiuton 31atf DlooD. En Ect To incorporate the Auburn and Port Clinton Rail Road Company. Section 1. Be it enacted bp the Senate and House of Rep' resentaiives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Jediah Irish, Ellwood Morris, George Shenk, John Horn, junior, John Hendricks, or any three of them, be and they arc hereby appointed Commissioners to open books, for the purpose of receiving subscriptions to the capital stock of the Company hereinafter directed to be incorporated. Section 2. That the capital stock of the said Company shall be four hundred thousand dollars which said capital may at any time be increased, if required, to any sum not exceed¬ ing six hundred thousand dollars. Section 3. That the Auburn and Port Clinton Rail Road Company hereby directed to be incorporated, shall be and hereby is vested with all the rights, titles and privileges, and be subject to all the restrictions and regulations, provided for in the act entitled "An Act regulating Rail Road Companies," approved the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine, which are not incoi}-. sistent with this Act. f-r Sëctiobt 4. That the said Auhufii and Fort Clinton Rail Road Company hereby directed to be incorporated, shall be and hereby is invested with all the rights and powers neces- saiy for the construction of a Rail Rmd and repairs of the same, from the Dauphin and Susquehanna Coal Company's Rail Road, at or near Auburn; thence eastwardly by the nearest and best route, and to connect with the Allentown Rail Road in Port Clinton, Schúylkül County- E. B. CHASE, Speafœr of the House of BepresenfativeSi M. McCASLIN, Speaker of the Senaiet Approved—the thirteenth day of March, Anno Domini one thonsand eight hundred and fifty-four. Wai. BIGLER. Seoeetaey's Office, ). Harrishtrg, June 5ih, 1855. > ^Imttsnlnitnict, ss'f I da hereby Certify, That the foregoing and an¬ nexed are true and correct copies of the original Acts of the General Assembly of this Common- tvealth as the same remain on file in this ofiicc. In Testimony Whereof, I have hereunto set my hand and caused to be affixed the seal of the Secretary's office, the day and year above written. JOHN M. SULLIVAN, Deputy Secretary of the Commonwealths 8 AMENDED CHARTER OK TUB inrbcrri) (inch linil Ibû Componij. E dFurtijcr Harrisburg, April 28ih, 1855. 5 .Çrunsplocttaiit, ss. I do herehp Ceriijp, That the foregoing and an- L. s. [ ncxed is a true and correct copy of the original -'■v-v.' ^ Act of the General Assembly as the same remains on file in this office. In Testimony IVhereof, I have hereunto set my hand and caused the seal of the Secretary's Office tobe affixed at H^r- risburg, the day and year above written. JOHN M. SULLIVAN, Deputy Hecrelary of the Commonwealth. GENEEAL EAIL EOAD LAW OF PEOTA. AN ACT REGULATING RAIL ROAD COMPANIES. Section 1. Be it enacted hy the Senate and Haute oj Rep- resenfaiivcs of the Commontceallh oJ Pennsylvania in General Assembly met, and it is hereby enacted hy the authority of the same. That whenever a special act of the General Assembly shall hereafter be passed, authorising the incorporation of a Company for the construction of a Hail Road within this Com¬ monwealth, the Commissioners named in such act, or any five of them, shall have power to open books for receiving sub¬ scriptions to the capital stock of such Company, at such lime or times, and at such place or places as they may deem ex¬ pedient, after ha\ing given at least twenty days' notice, in one or more news|iapers, piiblisiied in the County where books of siiitscription are to be opened ; and at the times and jtlaccs so designated and named in the public notices to be given, as aforesaid, the said Commissioners, or any two of them, shall attend and furnish to all persons duly qualified, who shall offer to subscribe, an opportunity of so doing; and it shall be lawful for all such persons, and for all firms and copartnerships, by themselves or by persons duly authorised, to subscribe for shares in said stock; and the said books shall be kept open at least six hours in every day, for the term of three juridical days, cr until there shall have been subscribed the whole number of shares authorised by the special act; and if at the expiration of three days, the books aforesaid shall not have the number of shares therein subscribed, the said Commisssoners may adjourn from time to time, and to such places as they may deem proper, until the whole number of shares authorised, as aforesaid, shall be subscribed, of which adjournment the Commissioners aforesaid shall give such public notice as the occasion may require ; and when the whole number of shares shall be subscribed, the books shall be closed : Provided always, That no subscription for such 11 stock shall be valid unless the party or parties making the same, shall, at the time of subscribing, pay to the said Com¬ missioners five dollars on each and every share subscribed, for the use of the Company. Section 2. That when ten per centum on the capital stock, as provided by any special act of incorporation, shall have been subscribed, and five dollars paid on each and every share, as aforesaid, the said Commissioners, or such of them as shall have acted, shall certify to the Governor, under their hands and seals, the names of the subscribers, and the num¬ ber of shares subscribed by each, and that five dollars on each share have been paid, whereupon the Governor shall by let¬ ters-patent, under his hand and the seal of the Common¬ wealth, create and constitute the subscribers, and if the sub¬ scription be not full at the time, those who shall thereafter subscribe, to the number of shares aforesaid, their successors and assigns, into a body politic and corporate, in deed and in law, by the name, style and title, designated by the special Act of Assembly ; and by the said name, style and tiile, the said subscribers shall have perpetual succession, with all the privileges, franchises and immunities incident to a corpora¬ tion, and be able to sue and be sued, plead and be impleaded in all courts of record and elsewhere, and to purchase, re¬ ceive, have, hold, use and enjoy to them and their successors, goods, chattels and estate, real and personal, of what kind and nature soever, and the same from time to time, to sell, exchange, mortgage, grant, alien or otherwise dispose of, and to make dividends of such portion of the profits as they may deem proper; and also to make and have a common seal, and the same to alter' and renew at pleasure, and also to ordain, establish and put in execution, such by-laws, ordinances and regulations as shall appear necessary or convenient for the government of said corporation, not being contrary to the constitution and laws of the United States, or of this Com¬ monwealth, and generally to do all and singular, the matters and things which to them it shall lawfully appertain to do for the well-being of said corporation, and the due ordering and management of the affairs thereof : Provided, That nothing herein contained shall be construed as in any way giving, to 12 such corporation, any banking privileges whatever, or any other liberties, privileges, or franchises but such as may be necessary or convenient to the procuring, owning, making, maintaining, regulating, and using their Rail Road, the loco¬ motives, machinery, cars, and other appendages thereof, and the conveyance of (¡asscngcrs, the transportation of goods, merchandise and other commodoties thereon : And proiided Jurllier, Tliat such Company shall not purchase or hold any real estate, except sucli as may be necessary or convenient for the making and constructing of their Rail Road, or for the furnishing of materials therefor, and for the accommodation of depots, oilîces, warehouses, machine shops, toll houses, engine and water stations, and other appropriate appurtenan¬ ces, and for the persons and things employed, or used in and about the same. Section 3, That the Commissioners named as aforesaid, or such of them as shall have acted, shall as soon as conveni¬ ently may be after the said letters patent shall be obtained, appoint a time and place for the subscribers to meet, to organise the Company, and shall give at least two weeks' no¬ tice thereof in the manner provided for in the first section of this act ; and the said subscribers, when met, shall elect, by a majority of the votes present, to be given in person or by proxy, a President and twelve Directors, ihe President and a majority of whom shall be resident citizens of this Common¬ wealth, and shall be owners respectively of at least three shares in the stock of such Company ; and the said President and Directors shall conduct and manage the affairs and busi¬ ness of said Company, until the second Monday in January then next ensuing, and until others are chosen ; and may make, ordain and establish such by-laws, rules, orders, and regulations, and perform such other matters and things as are by this act authorised : Provided, That in case of the resig¬ nation, death, or removal of the President, the Directors shall, by a majority of votes, supply the vacancy until the next an¬ nual election. Section 4. That the Stockholders of such Company shall meet on the second Monday in January in every year, at such place as may be fixed on by the by-laws, of which notice shall 13 be given at least two weeks previously by the Secretary, in the manner before mentioned, and choose, by a majority of the votes present, a President and twelve Directors qualified as aforesaid, for the ensuing j'ear, who shall continue in office until the next annual election, and until others are chosen ; at which annual meeting the said Stockholders shall have full power and authority to make, alter or repeal, by a majority of votes given, any or all such by-laws, rules, orders and regula¬ tions as aforesaid, and do and perform every other corporate act authorised by their charter ; the Stockholders may meet at such other times and places as they be summoned by the President and Directors, in such manner and form, and giv¬ ing such notice as may be prescribed by the by-laws ; and the President, on the request in writing of any number of Stockholders representing not less than one-tenth in interest, shall call a special meeting, giving the like notice, and stating specifically the objects of the meeting ; and the objects stated in such notice, and no other, shall be acted on at such special meeting. Section 5. The elections for Directors provided for in this act shall be conducted as follows, to wit : At the first elec¬ tion the Commissioners shall appoint three Stockholders to be judges of said election, and to hold the same ; and at every succeeding election the Directors, for the time being, shall ap¬ point three Stockholders for the like purpose ; and the persons so appointed by said Commissioners and Directors, shall not be eligible to an election as a Director at said election, and shall respectively take and subscribe an oath or affirmation, before an alderman or justice of the peace, well and truly and according to law, to conduct such election to the best of their knowledge and ability ; and the said judges shall decide upon the qualifications of voters, and when the election is closed, shall count the votes, and declare who have been elected ; and if at any time it shall happen that an election of Directors shall not be made at the time specified, the corporation shall not for that reason be dissolved ; but it shall be lawful to hold and make such election of Directors, on any day within three months thereafter, by giving at least ten days' previous notice of the time and place of holding said election in the manner 14 0 aiiorcsaid; anil the Directors of the preceding year shall, in that case, continue in olTice, and be invested with all powers belonging to them as such, until others are elected in their stead ; in case of the death or resignation of a Director, or a failure to elect in case of a tie vote, the vacancy may be filled by the Board of Directors; at all general meetings or elec¬ tions by the Stockholders, each share of stock shall entitle the holder thereof to one vote, and each ballot shall have endorsed thereon the number of shares thereby represented ; but no share or shares transferred within sixty days next preceding any election, or general meeting of the Siockholders, shall entitle the holder or holders thereof to vote at any such elec¬ tion or general meeting; nor shall any proxy be received, or entitle the holder to vote, unless the same shall bear date, and have been duly executed within the three months next preced¬ ing such election or general meeting. {Section G. That the President and Directors of such Company, for the time being, are hereby authorised and em¬ powered to exercise all the powers granted to the corporation; they shall meet at such times and places as shall be by them deemed most convenient for the transaction of their business, and when met, seven shall be a quorum to do business; the President, if present, shall preside at all meetings of the Board, and when absent, the Board shall appoint a President pro tern.; they shall keep minutes of their proceedings fairly entered in a suitable book to be kept for that purpose ; they shall choose a Secretary and Treasurer, and may appoint or employ all such officers, engineers, agents, superintendents, artizans, workmen or other persons, as in their opinions may be necessary or proper in the management of the affairs and business of said corporation, at such times, in such manner, and under such regulations as tliey may from time to time de¬ termine ; they shall fix the amount of the salaries and wages of such officers and persons employed by them, and they may require bond, with security in such amounts as they may deem necessary, of each or any of said officers or other per¬ sons by them appointed or employed, for the faithful dis¬ charge of their duties, and generally to do all such other acts. 15 matters and things as by this act and the by>laws and r^ula- lioris of the said Company, they may be authorised to do. Sectioit 7. That the President, and Direclors of such Company first chosen, shall procure certificates or evidences of Stadt for all the shares of such Company, and shall deliver one or more certificates or evidences, signed by the President, oiunlersigned by the Treasurer, and sealed with the common seal of the corporation, to each person or party entitled tu re¬ ceive the same, according to the number of shares by him, her or them respectively subscribed or held ; which certificates or evidences of slock shall be transferable at the pleasure of the holder, in a suitable book or books to be kept by the Com¬ pany for that purpose, in person or by attorney duly author¬ ised, in the presence of the President or Treasurer, subject however, to all payments due or to become due thereon f and the assignee or party to whom the same shall have been so transferred, shall thereufion be a member of said cor|)oration, and have and enjoy all the immunities, privileges nnd fran¬ chises, and be subject to all the liabilities, conditions and pen¬ alties incident thereto, in the same manner as the original sub¬ scriber would have been : Provided, That no certificate shall bo transferred so long as the bolder thereof is indebted to said Company, unless the Board of Directors shall consent thereto : A»d provided, That no such transfer of stock shall have the effect of discharging any liabilities or penalties there¬ tofore incurred by the owner tiiercof. Section 8. The Capital Stock of such Comjiany shall be divided into shares of fifiy dollars each, and shall be called in and paid at such times and places, and in such proportions and instalments not, however, exceeding five dollars per share in any period of thirty days, aS ihwDirectors shall require, of which public notice shall be given for at least two weeks next preceding ibe time or.times appointed for that purpose, in the manner above mentioned; and if any Stockholder shall neg¬ lect to pay such proportion or instalment so called for at the time appointed, he, she or they shall he liable to pay, in addi¬ tion to the proportion or instalment so called for, at the rate ofono per cent, per month for the delay of such payment | and if the same and the additional penally, or any part thereof, 16 símil remain unpaid for the period of six months, he, she or they simll, at the discretion of the Directors, forfeit to the use of the Company, all ri^dit, title and interest in and to every and all share or shares, on account of which such default in payment may he made as aforesaid, or tlic Directors may, at their option, cause sait to be brought before any competent tribunal, for the recovery of the amoant due on such shares, together with the jjenalty of one per cent, per month as afore¬ said ; and tiie event of a forfeiture, the share or shares so for¬ feited, may be disposed of at the discretion of the President and Directors, aiuler such rules and regulations as may be pre¬ scribed by the by-laws. Pío Stockholder shall be entitled to vote at any eleclion, nor at any gencnil or special meeting of the Cotnpany, on whose share or shares any instalment or arrearages may be due more than thirty days next preceding said election or meeting: PruviilcJ, That no forfeiture of stock shall release or discharge the owner thereof from any liabilities or penalties incurred [jrior to the time of such forfeiture. Section 9. That the dividends of so much of the profits of such Company as shall appear advisable to the Directors, shall be declared in the months of July and January in each and every year, and be paid to the Stockholders or their legal represen¬ tatives, on application at the office of such Company, at any time, after the e.\piration of ten days from the time of declar¬ ing the same ; but the said dividends shall in no case exceed the amount of the net profits actually acquired by the Com¬ pany, so that the capital stock shall never be impaired thereby; and if the said Directors shall make any dividend which shall impair the capital stock of the Company, the Directors con¬ senting thereto shall be liable, in their individual capacities, to such Company for the amount of the capital stock so divided, recoverable by action of debts as in other cases; and each Director present when such dividend shall be declareri, shall be considered as consenting thereto, unless he forthwith enter Iiis protest on the minutes of the Board, and give pttblic notice to the Stockholders of the declaring of such dividend. Section 10. That the President and Directors of such Company shall have power and authority by themselves, their engineers, superintendents, agents, artizans and workmen, to 17' survey, ascertain, fix, locate, mark and determine such route for a rail road as they may deem expedient, not, however, pass¬ ing through any burying ground or place of public worship, or any dwelling house in the occupancy of the owner or own¬ ers thereof, without his, her or their consent, and not except in the neighborhood of deep enttinp, or high embankments, or places selected for siielingg, turnouts, depots, engine or water stations, to exceed sixty feet in width, and thereon to lay down, erect, construct and establish a rail road, with one or more tracks, with such branches or lateral roads as may be specially authorised, and with such bridges, viaducts, turnouts, sidelings, or other devices as they may deem necessary or useful between the points named in the special act incorpora¬ ting such Company, commencing at or into, and extendiog to or into any town, city or village named as the place of be¬ ginning or terminus of such roadj and in like manner, by themselves, or other persons by them appointed or employed as aforesaid, to enter upon and into, and occupy all land on which said rail road or depots, warehouses, offices, toll-houses, engines and water stations, other buildings or appurtenances hereinbefore mentioned may be located, or which may be ne¬ cessary or convenient for the erection of the same, or for any purpose necessary or useful in tlte construction, maintenance or repairs of said Rail Road, and therein and thereon'to dig, exraivate and embank, make, grade and lay down and con¬ struct the same ; and it shall in like manner be lawful for such Company, their officers, agents, engineers, contractors or work¬ men, with their implements and beasts of draught or burden, to enter upon any lands adjoining or in the neigliborhood of their Rail Road, so to be constructed, and to quarry, dig, cut, take and carry away therefrom any stone, gravel, clay, sand, earth, wood or other suitable material necessary or proper for the construction of any bridges, viaduct or other bnildings, which may be required for the use, maintenance or repairs of said Rail Road : Provided, That before such Company shall enter upon or take possession of any such lands or materials, they shall make ample compensation to the owner or owners thereof, or tender adequate security therefor : Provided fur¬ ther, That the timber used in the construction or repair of said 18 Rail Road, shall be obtained from the owner thereof, only hy agreement or purchase : And jjrovided further. That when¬ ever any Company shall locate its road in and upon any street or alley, in any city or Ijorough, ample compensation shall be made to the owners of lots fronting upon such street or alley, for any damages they may sustain, by reason of any excavation or embankment made in the construction of such road, to be ascertained as other damages are authorised to be ascertained by this Act. Section 11. That when tiie said Company cannot agree with the owner or owners of any lands or materials, for the compensation proper for the damage done or likely to be done to, or sustained by any such owner or owners of such lands or materials, which such Company may enter upon, use or take away in pursuance of the authority hereinbefore given, or by reason of the absence or legal incapacity of any such owner or owners, no such compensation can be agreed upon, the Court of Common Pleas of the proper county, on application thereto by petition, either by said Company or owner or owners, oí" any one in behalf of either, shall appoint seven discreet and disinterested freeholders of said county, neither of whom shall be residents or owners of property upon or adjoining the line of such Rail Road, and appoint a time not less than twenty nor more than thirty days thereafter, for said viewers to meet at or upon the premises where the damages are alleged to be sustained, of which time and place ten days' notice shall be given by the petitioner to the said viewers and the other party ; and the said viewers, or any five of them, having been first duly sworn or affirmed, faithfully, justly and impartially to decide, and true report to make concerning all matters and things to be submitted to them, and in relation to which they arc authorised to inquire in pursuance of the provisions of this Act, and having viewed the premises, they shall estimate and determine the quantity, quality and value of said lands so taken or occupied, or so to be taken or occupied, or the mate¬ rials so used or taken away, as the case may be, and having a due regard to and making just allowance for the advantages -which may have resulted, or which may seem likely to result to the owner or owners of said land or materials, in conse¬ quence of the making or opening of said Rail Road, and of 19 the construction of works connected therewith ; and after hav¬ ing made a fair and just comparison of said advantages and disadvantages, they shall estimate and determine whether any, and if any, what amount of damages has been or may be sustained, and to whom payable, and make report thereof to the said Court ; and if any damages be awarded, and the report be confirmed by the said Court, judgment shall be .en¬ tered thereon ; and if the amount thereof be not paid within thirty days after the entry of such judgment, execution may then issue thereon, as in other cases of debt, for the sum so awarded, and tlifc costs and expenses incurred shall be de¬ frayed by the said Bail Road Company, and each of said viewers sliaU be entitled to one dollar and fifty cents per day for every day necessarily employed in the performance of the duties herein prescribed, to be paid by such Rail Road Com¬ pany. SectioiX 12. That whenever, in the construction of such road or roads, it shall be necessary to cross or intersect any established road or way, it shall be the duty of the President and Directors of the said Company, so to construct the said road across such established road or way, as not to impede the passage or transportation of persons or property along the same | and that, for the accommcdation of all persons owning or possessing land through which the said Rail Road may pass, it shall be the duty of such Company to make or cause to be made, a good and sufficient causeway or causeways, whenever the same may be necessary to enable the occupant or occupants of said knds to cross or pass over the same, with wagons, carts, and implements of husbandry, as occa¬ sion may require ; and the said causeway or causeways, Avhcn so made, shall be maintained and kept in good repair by such Company ; and if the said Company shall neglect or refuse, on request, to make such causeway or causeways, or when made, to keep the same in good order, the said Company shall he liable to pay any person aggrieved thereby, all damages sustained by such person in consequence of such neglect or refusal ; such damages to be assessed and ascertmned in the same manner as provided in the last section for the assess¬ ment of damages : Provided, That the said Company shall, in no case, he required to make or cause to be made, more 20 than one causeway through each plantation or lot of land, for the acconimoflation of any one person owning or possessing land through which the said Rail Road may pass; and where any public road shall cross such Rail Road, the person own¬ ing or possessing land through which the said jjuhlie road may pass, shall not he entitled to require the Company to erect or keep in repair any causeway or bridge for the accommodation of the occupant of said land. Section 13. That if any such Rail Road Company shall find it accessary to chango the site of any portion of any turn¬ pike or public road, they shall cause the same to be recon¬ structed forthwith at their own proper expense, on the most favorable location, and in as perfect a manner as the original road : Frueidecl, That the damages incurred in changing the location of any road authorised by this section, shall be ascer¬ tained and paid by such Company, in the same manner as is provided for in regard to the location and construction of their own road. Section 14. That in all suits or actions against such Company, the service of process on the President, Secretary, Treasurer, Engineer, Agent, or any Director of the same, shall he good and available iu law ; but no suit or action shall be piosccnted by any person or persons, for any penalties incurred under this Act, unless sudi suit or action shall be commenced within two years next after the offence commit¬ ted or cause of action accrued ; and the defendants in such suit or action may plead the general issue, and give this Act pnd the special matter in evidence, and that the same was done in pursuance and by authority of this Act. Section 15. That if any person or persons shall wilfully and knowingly break, injure, or destroy, any Rail Road au¬ thorised by special Act of Assembly, or any part thereof, or any edifice, device, property or work, or any part thereof, or any machinery, engine, car, implement, or utensil, erected, owned, or used by such Company, in pursuance of this Act, he, she, or they so offending, shah forfeit and pay to such Company, three times the actual damage so sustained, to be sued for and recovered with full costs, before any tribunal having cognizance thereof, by action in the name and for the use of the Company. 21 Section 16. That if any person or persons shall wilfully and maliciously remove or destroy any part of the road, pro¬ perty, buildings, or other works, belonging to such Company, or place, designedly and with evil intent, any obstruction on the line of such Rail Road, so as to jeopard the safety or en¬ danger the lives of persons travelling on or over the same» such person or persons so offending shall be deemed guilty of a misdemeanor, and shall on conviction bo imprisoned in the county jail or penitentiary, at the discretion of the court, for a term not more than three years : Provided, That nothing herein contained shall prevent the Company from pursuing any other appropriate remedy at law in such cases. Section 17. That at each annual meeting of the Stock¬ holders of any such Company, the President and Managers of the preceding year shall exhibit to them a full and complete statement of the affairs and proceedings of the Company for such year, with all such matters as shall be necessary to con¬ vey to the Stockholders a full knowledge of the condition and affairs of said Company ; and the said President and Direct¬ ors of every such Company shall, whenever required, furnish to the Legislature, or either branch thereof, a full and authen¬ tic report of their affairs and transactions, or such information relating thereto as may be demanded of them. Section 18. That upon the completion of any Rail Road authorised as aforesaid, the same shall be esteemed a public highway for the conveyance of passengers, and the transport¬ ation of freight, subject to such rules and regulations, in rela¬ tion to the same, and to the size and construction of wheels, cars, and carriages, the weight of loads, and all other matters and things connected with the use of said Rail Road, as the President and Directors may prescribe and direct : Provided, That the said Company shall have the exclusive control of the motive power, and may from time to time establish, demand, and receive such rates of toll, or other compensation, for the use of such road and of said motive power, and for tiie con¬ veyance of passengers, the transportation of merchandise and commodities, and the cars, or other vehicles containing the same, or otherwise passing over or on the said Rail Road, as to the President and Directors shall seem reasonable : Provi- 22 ded however nevertheless, That said rates of toll and motive power cliarges so to be established, demanded or received, wlien the cars used for sucii conveyance or transportation, are owned or furnished by others, shall not exceed two and one half cents per mile for each passenger, three cents per mile for each ton of two thousand pounds of freight, three cents per mile for each passenger or baggage car, and two cents per mile for each burden or freight car, every four wheels be¬ ing computed a car; and in the transportation of passengers, no charge shall be made to exceed three cents per mile for througii passengers, and three and a half cents per mile for way passengers. Section 19. That if any Company incorporated as afore¬ said, shall not commence the construction of their proposed Rail Road within three years, and comjdete and open the same for use, with at least one track, within the term prescri¬ bed by the special Act authorising the same, or if after com¬ pletion the said Rail Road shall be suffered to go into decay, and be impassable for the term of two years, then this charter shall be null and void, except so far as to compel the said Company to make reparation for damages. Section 20. That if any Company incorporated as afore¬ said, shall at any time misuse or abuse any of the privileges granted by this Act, or by the special Act of incorporation, the Legislature may revoke all and singular the rights and privileges so granted to such Company ; and the Legislature hereby reserves the power to resume, alter or amend any charter granted under this Act, and take for public use any road constructed in pursuance of such charter : Provided, That in resuming, altering, or amending said charters, no in¬ justice shall be done to the corporators ; and that in taking such roads for public use, full compensation shall be made to the Stockholders. WILLIAM F. PACKER, Speaker of the House of Representatives. GEORGE DARSIE, Speaker of the Senate. Approved—the nineteenth day of February, one thousand eight hundred and forty-nine. * WM. F. JOHNSTON. MAY 1 8 1926 Photomount Pamphlet Binder Gaylord Bros. Makers Syracuse, N. Y. W. 21, 1808 t'l:;/::!»}! W»t«' I " I I- >>>. 1 3*»